10 Questions to a Media Lawyer: Robert Nelon
Robert “Bob” D. Nelon is a shareholder at Hall Estill in Oklahoma City. 1. How’d you get into media law? What was your first job? When I was in law school at the University of Oklahoma, I wanted to practice securities law. My last semester in school and for several months after until I passed…
Letter to a Newer Media Lawyer: Be Patient, Brave and Don’t Forget to Eat
By Jonathan Anschell Dear Newer Media Lawyer, I know the media law world can look like a law geek’s equivalent of a hot New York night club: The lucky few on the inside have all the fun, while everybody else looks on from the wrong side of the velvet rope. So it seemed to me…
Book Review: Truth In Our Times By David McCraw
By Ashley Messenger David McCraw, Deputy General Counsel of the New York Times, became a legend in 2016 when his letter to Donald Trump’s lawyer, who had demanded a retraction and apology for an article about Trump allegedly groping two women, went viral. In three succinct paragraphs, McCraw decimated the argument that any action was…
Second Circuit Takes Step to Unseal High-Profile Sex-Trafficking Case Docs
By Sanford Bohrer, Madelaine Harrington & Caitlin Vogus On Monday, March 11th the Second Circuit took a step toward unsealing documents long sought by members of the press that could inform the investigation into a sex-trafficking operation allegedly run by Jeffrey Epstein, the South Florida financier, and his associates. Specifically, the Court issued an order…
South Carolina Judge Limits FOIA to In-State Petitioners
By Eric P. Robinson A five-year long corruption probe has led to the guilty pleas and probation sentences for three South Carolina state legislators, including the former House majority leader, and the conviction and 18-month sentence—staying pending appeal—of another legislator. A trial against another former legislator is pending. The probe also exposed the influence and…
Court Rejects FBI’s Glomar Response to Request for Records on Documentary Filmmaker Impersonation
By Jennifer Nelson In a ruling that will prove useful in future Glomar challenges, Judge Rudolph Contreras held that the Federal Bureau of Investigation improperly refused to confirm or deny the existence of documents responsive to portions of a Freedom of Information Act request from the Reporters Committee for Freedom of the Press regarding the…
SCOTUS to Hear Argument on FOIA’s Confidential Information Exemption
South Dakota Newspaper Is Seeking Food Retailers’ SNAP Data By Alexa Millinger In April, the Supreme Court will, for the first time, hear argument on a case that requires it to grapple with Exemption Four of the Freedom of Information Act (“FOIA”), exempting trade secrets and confidential information. Food Marketing Institute v. Argus Leader Media….
Supreme Court Preview: FUCT
By Roberta L. Horton & Jesse M. Feitel On April 15, 2019, the Supreme Court will hear oral argument in In re Brunetti. The case presents a question at the crossroads between trademark registration and free speech. Section 2(a) of the Lanham Act bans the registration of a trademark that consists of or compromises “immoral”…
Supreme Court Requires Complete Registration Before Infringement Action Can Be Commenced
By Ken Norwick People who create copyrightable content, and people who publish or otherwise use such content – and the lawyers who represent them – should be aware of an important recent decision from the Supreme Court – Fourth Estate Public Benefit Corporation v. Wallstreet.com. An essential aspect of our copyright system is the phenomenon…
Zillow “Zestimates” Are Non-Actionable Statements of Opinion
By Sari Mazzurco A panel of the Seventh Circuit affirmed dismissal of claims brought by homeowners against real estate listings database, Zillow, over its home value “Zestimates.” Patel v. Zillow, Inc., 18-2130 (Feb. 8, 2019). The Court held Zillow “Zestimates” are statements of opinion as to a house’s value, and thus are not actionable under…
A Plain-Meaning Interpretation of the Texas Citizen Participation Act Limits Statute’s Right of Association
By Megan Coker and Misty Howell Texas’s anti-SLAPP statute has become known for its broad application, particularly through its statutorily-defined right of association. In recent years, the right of association in the Texas Citizens Participation Act (“TCPA”) routinely has been held to apply to trade secret misappropriation, conspiracy, tortious interference, breach of contract, and other…
No Jackpot for Illinois Governor Candidate’s Claim Over Ballot Lottery Story
By Steven Mandell, Natalie Harris and George Desh In 2014, Tio Hardiman was a candidate for Illinois governor and a longtime activist and violence interrupter with the organization CeaseFire, known for hiring volunteer former gang members to assist with de-escalating potential violence on city streets. Hardiman and CeaseFire were featured in the 2011 award-winning documentary…
Tennessee Supreme Court: Malice Does Not Defeat Fair Report Privilege
Shield Law Exception Limited in Scope By Paul R. McAdoo The Tennessee Supreme Court issued its ruling in Funk v. Scripps Media involving the fair report privilege and Tennessee’s statutory shield law, Tennessee Code § 24-1-208. The first issue addressed by the court was whether showing either express or actual malice defeats the fair report…
Hot Topics Roundtable: Sandmann v. The Washington Post
The second installment in our “Hot Topics” series examines defamation suits filed in March against the Washington Post and, later, CNN. The plaintiff, Nick Sandmann, is the MAGA hat-wearing high school school student whose confrontation with Nathan Phillips, a Native American activist, on the Washington Mall was widely covered in the national press and on…
Guest Column: MLRC in Miami and Istanbul – Yes, Istanbul!
By Dave Heller In March we held our annual conference on Legal Issues Concerning Hispanic & Latin American Media in Miami. This is our smallest conference – but certainly one of our most interesting and inspiring ones. If it’s not on your radar, it should be. What’s happening in media in Latin America runs the…
MediaLawLetter March 2019
Download Publication MLRC Guest Column: MLRC in Miami and Istanbul – Yes, Istanbul! Letter to a Newer Media Lawyer: Jonathan Anschell Ten Questions to a Media Lawyer: Robert Nelon LIBEL & PRIVACY Hot Topics Roundtable: Sandmann v. The Washington Post Tenn.: Malice Does Not Defeat Fair Report PrivilegeShield Law Exception Limited in ScopeFunk v. Scripps…